name the writ that will be issued in each of the following circumstances. a) against a person holding a public office to which he is not entitled. b) for the transfer of a case from lower to higher court. c) an order to an administrative authority to perform a certain duty. d) to prohibit a lower court from proceeding in a case.
Answers
Answer:
writ of quo warranto
writ of certiorari
Answer:
a) 'Against a person' holding a 'public office' to which he is 'not entitled': Quo-warranto
A writ of quo warranto lies opposite the person who is not authorized to clasp an office of public nature and is the only annexation of the office.
b) 'For the 'transfer of a case' from 'lower to the higher court': Writ of certiorari
The writ of Certiorari is also furnished against inferior courts by the High courts or Supreme Court.
c) 'An order to an 'administrative authority' to perform a 'certain duty': Mandamus
Mandamus is prerogative order requires anybody obliged to execute a public duty by statute to perform that duty according to law.
d) 'To prohibit a 'lower court' from 'proceeding in a case': Writ of prohibition
Writ of prohibition is to prohibit a lower court from proceeding in a case.